Legal Opinion

Touchard v. Touchard

California Supreme Court

Decided July 1, 1855PublishedCited by 7 opinions

Appeal from the District Court of the Fourth Judicial District, San Francisco County. The facts material to the points decided appear in the opinion of the Court.

1Opinion of the CourtHeydenfeldt, J.

Murray, C. J., concurred.

In the opinion which I delivered in the case of Vanderslice & Clarkson v. Hanks, 3 Cal., 27, I held that in a case of grant of land by the Mexican Government, upon conditions subsequent, the want of performance of the conditions could be taken advantage of only by denouncement, a mode of forfeiture fixed and regulated by Mexican jurisprudence.

The counsel for plaintiffs has learnedly argued to apply the same doctrine to a grant from a Municipal Corporation. The distinction, however, between the two cases is so apparent as scarcely to require consideration.

It is by the…

2Cases cited1 opinion

  1. Vanderslice v. HanksCalifornia Supreme Court · 1852

3Cited by7 opinions

  1. Chafor v. City of Long BeachCalifornia Supreme Court · 1917
  2. Monteith v. ParkerOregon Supreme Court · 1899
  3. Hart v. BurnettCalifornia Supreme Court · 1860
  4. Lucas v. Board of CommissionersIndiana Supreme Court · 1873
  5. Riverside County Transportation Com. v. Southern Cal. Gas Co.California Court of Appeal · 2020

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